Installing or building a tiny home

Tiny homes are becoming more popular as an affordable housing lifestyle choice.

If you're thinking about living in a tiny home, it's important to be aware of local and State planning laws.

Approval requirements vary depending on the:

  • Type of tiny home.
  • Zoning of the land where it's located.

What is a tiny home?

  1. A small dwelling attached to the land, often as a second home such as a granny flat or converted shed. This is considered a secondary dwelling. It's a popular option for those looking to add a tiny house to their existing property.
  2. A compact house fixed to a trailer, like a caravan. Because it's built on a trailer, it can be registered under the Road Transport Act 2013

Permitted uses and approval requirements for tiny homes

Type of Tiny Home Permitted as a Dwelling House Permitted as a Secondary Dwelling Permitted as Dual Occupancy Development Approval Required (DA) Construction Approval Required (CC) S68 Approval Required for Installation
Dwelling House - Constructed on Site Yes Yes Yes Yes Yes NA
Relocatable Home No Yes Yes Yes No Yes
Caravan No No No No No No
Compact House on Trailer No No No No No No
Flat Pack Kit Homes Yes Yes Yes Yes Yes No

If your tiny home or caravan complies with Clause 77 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 then approval is not required.

Council's planning documents that apply

Relevant NSW Government legislation

Do I need approval for my tiny home?

Caravans, trailers or other structures on wheels

You can keep a tiny home in your backyard or on your property without requiring development approval. It must be registered with Transport for NSW (TfNSW) as a trailer, and you must meet specific exemptions.

Under NSW regulations, you're allowed to:

  1. Have up to two caravans, campervans, or tents for short-term stays (up to 2 consecutive days) for a maximum of 60 days each year.
  2. Have a single caravan, campervan, or tent for a long-term household member to reside in, but only if you already have an approved dwelling (house) on the property. The tiny house must be maintained in a safe and healthy condition.
  3. Use it on pastoral or agricultural land, primarily during the season by individuals employed in pastoral or agricultural activities on the land.

Details in this clause may change frequently. You must keep up-to-date on current standards by visiting clause 77 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds, and Moveable Dwellings) Regulation 2021

Before installing a tiny home, the landowner must consider the following under exemption provisions:

  • Bushfire
  • Flooding.
  • Land use conflicts.

If your tiny home on a trailer does not meet the exemptions under NSW legislation, you'll need to:

  • follow the relevant Development Control Plans
  • address any land-specific constraints, such as those related to bushfire, flood, or land-use conflicts.

This may involve submitting a: 

These applications are required for Council assessment and certification.

  • For rural properties, additional approvals may be necessary, like upgrading your existing on-site sewage management system such as septic tank.
  • For properties in urban areas, you may need approvals to connect to water and sewer infrastructure. You may also be responsible for certain contributions.

Fixed tiny home, including secondary dwellings

Secondary dwellings are a popular choice to set up a tiny house alongside an existing home. To proceed with this type of development, you will need to obtain approval:

You can either submit a:

Land zone definitions

Land zone definitions under Byron LEP 2014 limit the permissibility of movable dwellings as a dwelling house on the land.

If your tiny home is considered to fit within the remit of a caravan or compact home then it can only be used in accordance with clause 77 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds, and Moveable Dwellings) Regulation 2021.

At present there is no avenue to use it outside of those provisions for standalone residential purposes, such as a dwelling on vacant rural land.

Council will evaluate and certify your proposal for a permanently constructed or installed dwelling (home)/manufactured home.

To find out more about whether your tiny home proposal requires approval you can talk to our development support officers or submit a request for advice.

Do I need to pay contributions for my tiny home?

Tiny home (on wheels)

If your tiny home doesn't require approval, then no contributions will be required. 

Static Tiny home (including secondary dwelling)

If your tiny home is under 60m squared you will need to pay:

  1. Section 64 Development Servicing Plan - water & sewer connection
  2. Section 7.11 contributions 

 

Can I live in my tiny home permanently?

Current legislation does not allow for a tiny home as a primary dwelling (home) - this applies to rural and residential zoning.

However, Clause 77 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 allows for certain exemptions for vacant land.

You can check the zoning of your property using the NSW Planning Portal's Spatial Viewer.

Your tiny home may be considered a primary dwelling, subject to certain approvals and compliance.

To check if your proposal may be permitted with approval, you can engage planning professional to find out more.

Can I let out my tiny home?

Caravan or Tiny home on wheels

Yes, this is permitted as long as you meet the requirements of clause 77 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021.

Static Tiny Home (includes secondary dwellings)

You are permitted to rent out your tiny home as a form of rental housing. 

Can I connect my tiny home to water and sewer?

You will need approval from Council to carry out plumbing works for water supply or wastewater disposal (fixed water and sewer connection points) under Section 68 of the Local Government Act 1993. Council does not support hard connection of compact houses/ movable dwelling on trailers or caravans to Council water and sewer system.

Contributions may also apply.

You will need a separate approval for an on-site sewage management system if a town sewer connection is not available.

Further information

Our Development Support Officers can help you decide what approvals you need.